Clause 3 - Advertising: newspapers, periodicals etc.

Part of Tobacco Advertising and Promotion Bill – in a Public Bill Committee at 3:00 pm on 1 February 2001.

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Photo of Yvette Cooper Yvette Cooper The Parliamentary Under-Secretary of State for Health 3:00, 1 February 2001

A different defence would exist in that situation. We shall discuss that defence under clause 4, in relation to publications from outside the United Kingdom, the principal market of which is not the United Kingdom.

The hon. Member for South Dorset raised concerns about publishing. The underlying premise of the Bill is that everyone in the chain is potentially liable.Whether the definition of publishing to which he refers is broad or narrow, if a person is distributing or offering an advertisement for sale in the course of their business, they will have a case to answer under the Bill. I emphasise that it must be during the course of business. Passing a piece of paper privately from one person to another would not be regarded as publishing an advertisement in the course of a business, so the provisions would not apply. Clause 3 makes it clear that everyone in the chain is potentially liable; various defences in terms of reasonable circumstances follow on. I ask the Committee to accept the clause.

Question put and agreed to.

Clause 3 ordered to stand part of the Bill.